Business Management General Corporation Law Research Memorandum I need assistance in writing this research memorandum. I attached the instruction. Thank yo

Business Management General Corporation Law Research Memorandum I need assistance in writing this research memorandum. I attached the instruction. Thank you! Graded Project
Research Memorandum
CONTENTS
BACKGROUND
2
PROCEDURE
2
GOAL
2
THE PROJECT
3
WRITING GUIDELINES
5
GRADING CRITERIA
6
SUBMITTING YOUR ASSIGNMENT
7
© PENN FOSTER, INC. 2017
RESEARCH MEMORANDUM
Graded Project
PAGE 1
RESEARCH MEMORANDUM
BACKGROUND
To complete this project, you’ll prepare a written memorandum. The memo is addressed
to your supervisor, a law partner in a small law firm. In the memorandum, you’ll describe
which form of business organization you feel would be best for a new client.
PROCEDURE
To complete this project, you’ll first do some research. Then, refer to your textbook
for review; you’ll apply the principles of business organizations and employer-­
independent contractor relationships. Use the information provided below to prepare
your memorandum.
GOAL
Your goal for this project is to complete a well-written memorandum to your supervisor
which addresses two legal issues:
1. The appropriate form of business organization for your client
2. What’s required to make sure your client’s independent contractor agreement is
viewed as a legally enforceable independent contractor agreement and not as an
employment agreement.
Remember not to use too much legalese in your memo. You’re writing to your supervisor,
who has knowledge of the subject matter. However, you must completely explain what
the law is for each type of business organization you’re considering, and the reasons
you’ve selected one type of business organization as best for your client. The same
complete explanation is required when discussing the issue of your client’s independent
contractor agreement.
© PENN FOSTER, INC. 2017
RESEARCH MEMORANDUM
Graded Project
PAGE 2
THE PROJECT
Memorandum
You’ll respond to the memorandum received from your supervisor.
To: Student
From: Supervisor
Re: New Client, Career Institute of America, Inc. (CIA)
Date: December 6, 20—
Facts
We’ve just met a new client, the founder and CEO of Career Institute of America, Inc.
(CIA). Although the business was formed a year ago as a nonprofit corporation, they’re
not sure they’re happy being a nonprofit.
CIA is a classroom and online education organization that specializes in training students
in the U.S. auto industry, one of this country’s largest industries. The client would like to
retain most of the ownership and control of the company, since it is really his enterprise.
He also has some concerns about the independent contractor agreement, which instructors must sign when they agree to work for the company. He wants to be sure they’re
viewed as true independent contractors, and not construed as employees of the company.
Note that most of the company’s income is from online training courses. You should also
know that they received a U.S. Department of Labor retraining grant for the instruction
they’re currently providing, a type of grant awarded only to nonprofit educational organizations. Since this was a one-time grant, they must now make their income from tuition
for online courses and in the two small classrooms where they teach traditional courses.
This is why they’re not necessarily opposed to changing their form of business from a
nonprofit organization to a for-profit business.
You should further know that the employment contract they provide to their instructors
looks as if it was designed by an amateur and may not comply with the legal requirements for a valid independent contractor agreement.
Research Assignment
Research the two areas of law described below and prepare a memorandum addressing
each area so the client can be properly advised on how to proceed.
© PENN FOSTER, INC. 2017
RESEARCH MEMORANDUM
Graded Project
PAGE 3
1. First, determine the limitations of a nonprofit corporation in the state of Delaware,
the state in which CIA was formed and is doing business. You should also review
the law for nonprofit and for-profit corporations, as well as limited liability companies, to determine the best form of business for the client.
Consult the listing of Delaware statutes on the Delaware state website at
http://www.corp.delaware.gov/DElaw.shtml to assist you in your research.
For more general information concerning nonprofit corporations, for-profit corporations, and limited liability companies, the following websites can assist you:
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http://www.law.cornell.edu
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http://www.freeadvice.com
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http://www.findlaw.com
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http://www.nolo.com/legal-encyclopedia
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http://www.hg.org
Combine this information with what you know about business organizations and
what the client wants, so you can recommend the best form of business organization for CIA at this time.
2. The second issue concerns the contract signed by CIA instructors, who teach the
programs and grade the students’ papers.
Research employment and independent contractor agreements using the websites
listed above or on search engines such as Google or Bing. Since the agreements
will be signed by client’s instructors located in other states, we want to use the general law dealing with such agreements rather than state-specific. Be sure to identify
each of the key elements necessary for the agreement to be viewed as an independent contractor agreement and not an employment agreement, as well as any
other suggestions you might have for the client in connection with their instructor
contracts.
Here are some helpful hints:
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Remember that the project requires that you use the memo format provided
and that you research both issues requested: the most appropriate form of
business organization to meet the client’s needs and the requirements for an
agent to be deemed an independent contractor and not an employee.
n
First locate the law for each of the two issues.
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Next, analyze the information you found and apply it to the needs of the client.
n
Both your research and your analysis should then be summarized and
included in your memo.
© PENN FOSTER, INC. 2017
RESEARCH MEMORANDUM
Graded Project
PAGE 4
WRITING GUIDELINES
Prepare your answers in well-organized paragraphs, and use these writing guidelines:
1. Type your submission double-spaced, in a standard print font of size 12. Use
a standard document format with one-inch margins. Don’t use any fancy or
cursive fonts.
2. Include the following information at the top of your submission: Name and address,
student number, course title and number, and project number.
3. Read the assignment carefully, and address the issues suggested.
4. Be specific. Limit your submission to the topics raised.
5. Include a reference page that lists websites, journals, or any other references used
in preparing the submission. Remember, if you use someone’s words or ideas, you
must cite them directly in your memo.
6. Proofread your work carefully. Check for correct spelling, grammar, punctuation,
and capitalization.
For this project, please use the following format for your legal memorandum:
To:
From:
Re:
Date:
Summary of Applicable Facts:
Issues:
Law:
Analysis:
© PENN FOSTER, INC. 2017
RESEARCH MEMORANDUM
Graded Project
PAGE 5
GRADING CRITERIA
The following is a breakdown of how your project will be graded:
Excellent
Good
Proficient
Needs
Improvement
Content
(70 Points)
The student
provides a
clear discussion of the
assigned
topic or issue;
addresses the
subject in complete sentences;
supports his or
her opinion by
citing specific
information
from the text,
assigned websites, and other
sources; stays
focused on
the assigned
issues; writes
in his or her
own words; and
uses quotation marks to
indicate direct
quotations.
The student
provides a
discussion of
the assigned
topic or issue;
addresses the
subject in complete sentences;
supports his or
her opinion by
citing information from the
text, assigned
websites, and
other sources;
writes in his or
her own words;
and uses quotation marks to
indicate direct
quotations.
The student
provides a
discussion of
the assigned
topic or issue;
writes in his or
her own words;
and uses quotation marks to
indicate direct
quotations.
The student
does not provide a discussion of the assigned topic or
issue, or is too
disorganized
and rambling;
does not write
in his or her
own words.
Written Communication
(25 Points)
The student
includes an
introduction,
analysis, and
conclusion supporting his or
her positions;
uses correct
grammar, spelling, punctuation, and sentence structure;
provides clear
organization;
and makes
sure the paper
contains no
typographical
errors.
The student
includes 2 of
3 elements
needed to
support his or
her positions;
uses mostly
correct grammar, spelling,
punctuation,
and sentence
structure;
provides clear
organization;
and includes
less than 2
typographical
errors.
The student
includes 1 of
3 elements
needed to
support his or
her positions;
has errors
with grammar, spelling,
punctuation,
and sentence
structure; and
includes less
than 5 typographical
errors.
The student
does not include any clear
introduction,
analysis, or
conclusion; has
many errors
with grammar, spelling,
punctuation,
and sentence
structure; and
includes more
than 5 typographical
errors.
(Continued)
© PENN FOSTER, INC. 2017
RESEARCH MEMORANDUM
Graded Project
PAGE 6
Format
(5 Points)
Excellent
Good
Proficient
The project is
double-spaced
and typed in
size 12 font;
uses the correct memorandum format
provided in the
instructions;
and includes
the student’s
name, address,
student number, course title
and number,
and assignment number.
N/A
N/A
Needs
Improvement
The project
is incorrectly
formatted using
the wrong font
and size; the
memorandum
format is not
used; or does
not include
the required
student
­information.
SUBMITTING YOUR ASSIGNMENT
Each project is individually graded by your instructor and therefore takes up to a few
weeks to grade.
Be sure that each of your files contains the following information:
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Your name
n
Your student ID number
n
The lesson number (50032600)
n
Your email address
Note: If you have more than 10 attachments, you’ll need to WinZip all of the project’s
associated files along with all documentation using the WinZip software program.
To submit your graded project, follow these steps:
1. Go to http://www.pennfoster.edu.
2. Log in to your student portal.
3. Click on Take Exam next to the lesson you’re working on.
4. Follow the instructions provided to complete your exam.
Be sure to keep a backup copy of any files you submit to the school!
© PENN FOSTER, INC. 2017
RESEARCH MEMORANDUM
Graded Project
PAGE 7

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